1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, further providing for definitions, for
3driver certification program and for budget and fees;
4providing for assessment notice and hearings; further
5providing for fund and for transfer of money from fund;
6providing for fees; and further providing for power of
7authority to issue certificates of public convenience and for
8restrictions.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. The definition of "Philadelphia Taxicab and
12Limousine Regulatory Fund" or "fund" in section 5701 of Title 53
13of the Pennsylvania Consolidated Statutes is amended and the
14section is amended by adding a definition to read:

15§ 5701. Definitions.

16The following words and phrases when used in this chapter
17shall have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19* * *

20"Philadelphia Taxicab and Limousine Regulatory Fund" or
21"regulatory fund." A fund administered by the authority

1established by section 5708 (relating to [fund] funds) for
2fulfilling the purposes of this chapter to regulate taxicabs and
3limousines in a city of the first class.

4"Philadelphia Taxicab Medallion Fund" or "medallion fund." A
5fund administered by the authority established by section
65708(a.1) (relating to funds) to which all moneys collected from
7the sale of medallions shall be deposited for the uses provided
8in this chapter.

9* * *

10Section 2. Sections 5706(a) and (a.1)(3) and 5707 of Title
1153 are amended to read:

12§ 5706. Driver certification program.

13(a) General rule.--The authority shall provide for the
14establishment of a driver certification program for drivers of
15taxicabs and limousines within cities of the first class.
16Standards for fitness of all drivers shall be established under
17such rules and regulations as the authority may prescribe. The
18authority may revoke or suspend a driver's certificate upon a
19finding that the individual is not fit to operate a taxicab or
20limousine, as applicable. Each applicant for a driver's
21certificate shall pay a fee in an amount to be determined
22pursuant to the requirements of section [5707 (relating to
23budget and fees)] 5710 (relating to fees). Upon approval, a
24picture driver's certificate will be issued to an applicant. No
25individual shall operate a taxicab or limousine at any time
26unless the individual is certified as a driver by the authority.
27Each certified driver shall carry and display in full view a
28driver's certificate at all times of operation of a taxicab or
29limousine. The authority may establish orders or regulations
30which designate additional requirements governing the

1certification of drivers and the operation of taxicabs or
2limousines by drivers, including, but not limited to, dress
3codes for drivers.

4(a.1) Wheelchair-accessible taxicab driver training.--

5* * *

6(3) The annual taxicab driver registration fee
7established by the authority pursuant to section [5707(b)]
85710 shall be paid from the proceeds of the sale of
9medallions authorized by section 5711(c) (relating to power
10of authority to issue certificates of public convenience) for
11each certificated wheelchair-accessible taxicab driver.

12* * *

13§ 5707. Budget and [fees] assessments.

14(a) [Initial budget and fees.--The authority shall complete
15an initial budget and fee schedule necessary to advance the
16purposes of this chapter. The fee schedule shall include all
17fees for initial issuance of a medallion, transfer of a
18medallion and all taxicab and limousine certificates. The
19authority's initial budget and fee schedule shall be submitted
20to the Appropriations Committee of the Senate and the
21Appropriations Committee of the House of Representatives. Unless
22either the Senate or the House of Representatives acts to
23disapprove through adoption of a resolution within ten
24legislative days from the date of submittal, the authority's fee
25schedule shall become effective, and the authority shall notify
26each certificate holder of the initial fee schedule.] Budget 
27submission.--

28(1) The authority shall prepare and, through the
29Governor, submit annually to the General Assembly a proposed
30budget consistent with Article VI of the act of April 9, 1929

1(P.L.177, No.175), known as The Administrative Code of 1929,
2consisting of the amounts necessary to be appropriated by the
3General Assembly out of the funds established under section
45708 (relating to funds) necessary for the administration and
5enforcement of this chapter for the fiscal year beginning
6July 1 of the following year. The authority shall be afforded
7an opportunity to appear before the Governor and the
8Appropriations Committee of the Senate and the Appropriations
9Committee of the House of Representatives regarding its
10proposed budget. Except as provided in section 5710 (relating
11to fees), the authority's proposed budget shall include a
12proposed fee schedule.

13(2) The authority's proposed budget shall include an
14estimate of the amount of its expenditures necessary to meet
15its obligation to administer and enforce this chapter. The
16authority shall subtract from the expenditure estimate:

17(i) The estimated fees to be collected under section
185710 during the fiscal year.

19(ii) Money deposited into the regulatory fund as
20payment for assessments, fees or penalties and any other
21moneys collected pursuant to this chapter, but not
22allocated during a prior fiscal year. Unallocated
23assessment revenue from a prior fiscal year shall be
24applied to reduce the portion of the total assessment
25applicable to the utility group from which the
26unallocated assessment originated.

27(iii) Money budgeted for disbursement from the
28medallion fund, if any, as part of the authority's
29estimated budget.

30(3) The remainder so determined, herein called the total

1assessment, shall be allocated to, and be paid by, the
2utility groups identified in subsection (c) in the manner
3prescribed.

4(4) If the authority's budget is not approved by March 
530, the authority may assess the utility groups on the basis 
6of the last approved operating budget. At the time the budget 
7is approved, the authority shall make any necessary 
8adjustments in the assessments to reflect the approved 
9budget. If, subsequent to the approval of the budget, the
10authority determines that a supplemental budget is needed,
11the authority shall submit its request for that supplemental
12budget simultaneously to the Governor and the chairman of the
13Appropriations Committee of the Senate and the chairman of
14the Appropriations Committee of the House of Representatives.

15(b) [Fiscal year budget and fees.--The fiscal year for the
16fund shall commence on July 1 of each year. Before March 15 of
17each year, the authority shall submit a budget and proposed fee
18schedule, necessary to advance the purposes of this chapter, for
19the coming fiscal year along with comprehensive financial data
20from the past fiscal year to the Appropriations Committee of the
21Senate and the Appropriations Committee of the House of
22Representatives. Unless either the Senate or the House of
23Representatives acts to disapprove through adoption of a
24resolution by April 15 of each year, the authority fee schedule
25shall become effective. The authority shall notify all
26certificate holders of the fee schedule for the coming fiscal
27year. The procedure for notifying certificate holders must be
28specified in the regulations of the authority. If either the
29Senate or the House of Representatives acts to disapprove the
30authority's fee schedule and budget, the authority may submit a

1revised budget and fee schedule to the Appropriations Committee
2of the Senate and the Appropriations Committee of the House of
3Representatives within 15 days of such disapproval or shall
4utilize the fee schedule and budget for the prior year. Unless
5either the Senate or the House of Representatives acts to
6disapprove, through adoption of a resolution within ten
7legislative days from the date of submission of the revised
8budget and fee schedule, the revised budget and fee schedule of
9the authority shall become effective.] Records.--The authority 
10shall keep records of the costs incurred in connection with the 
11administration and enforcement of this chapter. The authority 
12shall also keep a record of the manner in which it determined 
13the amount assessed against every utility group. Such records 
14shall be open to inspection by all interested parties. The 
15records of the authority shall be considered prima facie 
16evidence of the facts and data therein represented, and in a 
17proceeding instituted to challenge the reasonableness or 
18correctness of any assessment under this section, the party 
19challenging the same shall have the burden of proof.

20(c) [Philadelphia Taxicab and Limousine Regulatory Fund.--
21Money deposited in the Philadelphia Taxicab and Limousine
22Regulatory Fund is hereby specifically appropriated for the
23purposes of this chapter and shall not be used for any purpose
24not specified in this chapter. All interest earned by the fund
25and all refunds or repayments shall be credited to the fund.]

26Assessments.--

27(1) The following relate to assessments for taxicabs:

28(i) The taxicab utility group shall be comprised of
29each taxicab authorized by the authority pursuant to
30sections 5711(c) (relating to power of authority to issue

1certificates of public convenience) and 5714(a) and (d)
2(2) (relating to certificate and medallion required).

3(ii) On or before March 31 of each year, each owner
4of a taxicab authorized by the authority to provide
5taxicab service on a noncitywide basis shall file with
6the authority a statement under oath estimating the
7number of taxicabs it will have in service in the next
8fiscal year.

9(iii) The portion of the total assessment allocated
10to the taxicab utility group shall be divided by the
11number of taxicabs estimated by the authority to be in
12service during the next fiscal year, and the quotient
13shall be the taxicab assessment. The taxicab assessment
14shall be applied to each taxicab in the taxicab utility
15group and shall be paid by the owner of each taxicab on
16that basis.

17(iv) The authority may not make an additional
18assessment against a vehicle substituted for another
19already in taxicab service during the fiscal year and
20already subject to assessment as provided in subparagraph
21(iii). The authority may, by order or regulation, provide
22for reduced assessments for taxicabs first entering
23service after the initiation of the fiscal year.

24(v) The taxicab assessment for fiscal years ending
25June 30, 2013, and June 30, 2014, shall be $1,250.

26(2) The following relate to assessments for limousines:

27(i) The limousine utility group shall be comprised
28of each limousine service authorized by the authority
29pursuant to section 5741(a) (relating to certificate of
30public convenience required). Vehicles approved by the

1authority to provide limousine service pursuant to
2section 5741(a.3)(2) shall not be considered part of the
3limousine utility group for assessment purposes, but may
4be required to pay fees as provided in section 5710.

5(ii) On or before March 31 of each year, each
6limousine service owner shall file with the authority a
7statement under oath estimating the number of limousines
8it estimates to have in service in the next fiscal year.

9(iii) The portion of the total assessment allocated
10to the limousine utility group shall be divided by the
11number of limousines estimated by the authority to be in
12service during the next fiscal year, and the quotient
13shall be the limousine assessment. The limousine
14assessment shall be applied to each limousine in the
15limousine utility group and shall be paid by the owner of
16each limousine on that basis.

17(iv) The authority may not make an additional
18assessment against a vehicle substituted for another
19already in limousine service during the fiscal year and
20already subject to assessment as provided in subparagraph
21(iii). The authority may, by order or regulation, provide
22for reduced assessments for limousines first entering
23service after the initiation of the fiscal year.

24(v) The limousine assessment for fiscal years ending
25June 30, 2013, and June 30, 2014, shall be $350. By order
26or regulation, the authority may discount the limousine
27assessment for each limousine service owner operating 16
28or more limousines authorized by the authority.

29(3) The following relate to assessments for dispatchers:

30(i) The dispatcher utility group shall be comprised

1of each centralized dispatch system authorized by the
2authority as provided in section 5711(c)(6).

3(ii) The portion of the total assessment allocated
4to the dispatcher utility group shall be divided by the
5number of dispatchers estimated by the authority to be in
6service during the next fiscal year, and the quotient
7shall be the dispatcher assessment. The dispatcher
8assessment shall be applied to each dispatcher in the
9dispatcher utility group and shall be paid by the owner
10of each dispatcher on that basis.

11(iii) The dispatcher assessment for fiscal years
12ending June 30, 2013, and June 30, 2014, shall be $2,750.

13(d) Examination of records.--The chairperson and the
14minority chairperson of the Appropriations Committee of the
15Senate and the chairperson and the minority chairperson of the
16Appropriations Committee of the House of Representatives shall
17have the right to examine the books, accounts and records of the
18authority at any time.

19(d.1) Enforcement.--If a payment prescribed by this section
20is not made as aforesaid, the authority may suspend or revoke
21certificates of public convenience and driver certificates, may
22certify automobile registrations to the Department of
23Transportation for suspension or revocation or may institute an
24enforcement action or appropriate action at law for the amount
25lawfully assessed, together with any additional cost incurred by
26the authority by virtue of such failure to pay. The penalties
27prescribed in this subsection shall be in addition to other
28penalties that may be imposed by the authority as provided in
29this chapter.

30Section 3. Title 53 is amended by adding a section to read:

1§ 5707.1. Assessment notice and hearings.

2(a) Notice of assessment and payment.--

3(1) The authority shall serve notice of the assessment
4determined pursuant to section 5707 (relating to budget and
5assessments) to each owner by electronic mail, as provided in
652 Pa. Code § 1001.51(b) (relating to service by the
7authority). The authority shall post the assessment for each
8utility group on its Internet website.

9(2) Except as provided in paragraph (3), an assessment
10must be paid within 30 days of service as provided in 52 Pa.
11Code § 1001.54(a)(4) (relating to date of service).

12(3) The authority may provide by regulation for the
13payment of an assessment in scheduled installments.

14(b) Assessment hearings.--

15(1) Within 15 days after service of notice of
16assessment, an owner may file a petition with the authority
17which specifically avers the reason that the assessment is
18excessive, erroneous, unlawful or otherwise invalid. The
19authority may prescribe filing procedures and the form for
20the petition.

21(2) The authority shall fix the time and place for a
22hearing on a properly filed petition and shall serve notice
23thereof upon parties in interest. After the conclusion of the
24hearing, the authority shall issue a decision and findings in
25sufficient detail to enable a court to determine, on appeal,
26the controverted question presented by the proceeding and
27whether proper weight was given to the evidence.

28(3) The filing of a petition under this subsection does
29not relieve the owner of the obligation to pay the assessment
30within the specified time frame. If a refund due from the

1authority to the objecting owner or an additional assessment
2payment due from the objecting owner to the authority is
3required, the payment must be made within ten days after
4notice of the findings of the authority.

5(c) Appeals.--A suit or proceeding may not be commenced or
6maintained in a court for the purpose of restraining or delaying
7the collection or payment of an assessment made under this
8chapter. A person aggrieved by an order of the authority entered
9under this section may appeal as provided in section 5705(d)
10(relating to contested complaints).

11Section 4. Sections 5708 and 5709 of Title 53 are amended to
12read:

13§ 5708. [Fund] Funds.

14(a) [Establishment] Regulatory Fund.--The Philadelphia
15Taxicab and Limousine Regulatory Fund is established[. The fund
16shall consist of the following accounts, which shall be kept
17separate and not commingled:

18(1) Taxicab Account.

19(2) Limousine Account.

20(3) Other accounts as determined by the authority.]

21and shall be the primary operating fund of the authority for the
22administration and enforcement of this chapter, and shall
23operate as follows:

24(1) Except as provided in subsection (a.1), the
25assessments, fees, penalties and other revenues, interest
26earned by the regulatory fund, refunds and repayments related
27to the administration and enforcement of this chapter shall
28be deposited into the regulatory fund.

29(2) Money deposited in the regulatory fund is reserved
30for the use of the authority for disbursement solely for the

1purposes of administering and enforcing this chapter. The
2fund shall be held and maintained by the authority as a
3separate fund from all other funds as provided in 53 Pa.C.S.
4§ 5510.2 (relating to special funds in cities of the first
5class).

6(3) Upon the effective date of this paragraph, the money
7in the regulatory fund shall be held and maintained as
8provided in paragraph (2).

9(a.1) Medallion Fund.--The Philadelphia Taxicab Medallion
10Fund is established.

11(1) The consideration, revenue, fees, interest earned by
12the medallion fund, refunds, repayments and other deposits
13related to the sale of medallions as provided in section
145717(b) (relating to additional certificates and medallions),
15shall be deposited into the medallion fund.

16(2) Money deposited in the medallion fund is reserved
17for the use of the authority solely for the purposes of
18administering and enforcing taxicab regulation under this
19chapter. The medallion fund shall be held and maintained by
20the authority as a separate fund from all other funds as
21provided in 53 Pa.C.S. § 5510.2 (relating to special funds in
22cities of the first class).

23(b) [Use of funds.--Money in the fund may be used as
24follows:

25(1) Except as provided by subsection (c), money
26deposited in the Taxicab Account is specifically appropriated
27for the purposes of this chapter only as it relates to the
28regulation of taxicabs and shall not be used for limousine
29regulation and for any purpose not specified by this chapter.

30(2) Except as provided by subsection (c), money

1deposited in the Limousine Account is specifically
2appropriated for the purposes of this chapter only as it
3relates to the regulation of limousines and shall not be used
4for taxicab regulation and for any purpose not specified by
5this chapter.] (Reserved).

6(c) [Shared regulatory expenses.--Expenses to the fund that
7are not exclusively related to either taxicabs or limousines
8shall be divided as follows:

9(1) Except as provided by paragraph (2), any expense
10incurred by the authority for the regulation of taxicabs and
11limousines which is not exclusively related to either
12taxicabs or limousines shall be divided and charged to both
13the Taxicab Account and the Limousine Account in a fair and
14equitable manner as determined by the authority.

15(2) Any expense incurred by the authority for the
16regulation of taxicabs and limousines which is not
17exclusively related to either taxicabs or limousines and the
18relative share of those costs cannot be determined shall be
19divided in a fair and equitable manner between the Taxicab
20Account and the Limousine Account as determined by the
21authority, and the authority may adjust this measure from
22time to time.] (Reserved).

23(c.1) Audit.--The authority shall have at least one annual
24examination of its books, accounts and records related to each
25of the funds established by this section by a certified public
26accountant.

27(d) [Revenues.--All sources of revenue, including fees and
28other revenues, interest earned by the fund, refunds, repayments
29and other deposits, shall be credited as follows:

30(1) All revenues exclusively related to taxicabs shall

1be deposited in the Taxicab Account.

2(2) All revenues exclusively related to limousines shall
3be deposited in the Limousine Account.

4(3) All revenues that are not exclusively related to
5either taxicabs or limousines shall be divided in a manner
6determined by the authority to be fair and equitable.]
7(Reserved).

8(e) [Borrowing from the account.--As may be necessary to
9fulfill its duty in carrying out this chapter, the authority may
10borrow money from one account established by this section for
11the purpose of the other account established by this section
12provided that the borrowed amount is repaid.] (Reserved).

13(f) [Allocation of revenue and expenses.--The authority, at 
14its discretion, may allocate expenses and revenues to the 
15appropriate accounts.] (Reserved).

16§ 5709. [Transfer of money from fund.

17All money in the First Class City Taxicab Regulatory Fund is
18appropriated to the Taxicab Account under section 5708(a)(1)
19(relating to fund) upon the effective date of this section.
20Obligations of the First Class City Taxicab Regulatory Fund
21shall be charged to the Taxicab Account. Revenue due to the
22First Class City Taxicab Regulatory Fund shall be transferred
23and deposited to the Taxicab Account.] (Reserved).

24Section 5. Title 53 is amended by adding a section to read:

25§ 5710. Fees.

26(a) Fees authorized.--The authority may collect fees
27necessary for the administration and enforcement of this
28chapter. Payment of fees may be enforced in the same manner and 
29to the extent provided for the payment of assessments under 
30section 5707 (relating to budget and assessments). Fees

1collected under this section must be deposited into the
2regulatory fund. The authority shall post the current fee
3schedule on its Internet website.

4(b) Fee schedule.--Upon the effective date of this section,
5the following fee schedule is adopted for fiscal years ending
6June 30, 2013, and June 30, 2014:

7(1) A fee of $50 to place either a medallion or 
8certificate of public convenience voluntarily out of service 
9as provided in 52 Pa. Code §§ 1011.14 (relating to voluntary 
10suspension of certificate) and 1051.13 (relating to voluntary 
11suspension of certificate).

12(2) A fee of $10 for a replacement of a taxicab posting
13required by 52 Pa. Code § 1017.12(b) (relating to required
14markings and information).

15(3) A fee of $200 if a check submitted to the authority
16for payment is declined.

17(4) For a vehicle inspection required by section 5714
18(a) (relating to certificate and medallion required) and 52
19Pa. Code §§ 1017.31 (relating to biannual inspections by 
20authority) and 1055.11 (relating to scheduled compliance 
21inspections) fees are as follows:

22(i) One hundred dollars for a scheduled vehicle
23inspection.

24(ii) Seventy-five dollars for a scheduled inspection
25of a wheelchair-accessible vehicle or a vehicle that
26presents for inspection with less than 200,000 miles.

27(iii) One hundred and twenty-five dollars for a
28scheduled vehicle inspection after the vehicle failed two
29authority inspections.

30(iv) One hundred dollars for the emission inspection
 

1waiver fee.

2(v) One hundred and fifty dollars for a scheduled
3off-site vehicle inspection as provided in 52 Pa. Code §
41055.12 (relating to offsite inspections).

5(5) A fee of $200 for the initial inspection and
6processing of a vehicle upon entry into a taxicab service or
7limousine service as provided in 52 Pa. Code §§ 1017.2
8(relating to preservice inspection) and 1055.3(c)(3) 
9(relating to limousine age and mileage parameters).

10(6) A fee of $30 for a replacement limousine rights
11sticker issued by the authority as provided in 52 Pa. Code §
121055.2 (relating to limousine rights sticker).

13(7) A fee of $15 for a vehicle registered as a remote
14carrier as provided in 52 Pa. Code § 1053.43(f) (relating to
15certain limousine requirements).

16(8) A fee of $2,000 or 3% of the purchase price,
17whichever is greater, to administer the transfer of a
18medallion or a certificate of public convenience as provided
19in sections 5711(c)(5) (relating to power of authority to 
20issue certificates of public convenience), 5718 (relating to 
21restrictions) and 5741.1(c) (relating to power of authority).

22(9) A fee of $15,000 for a new centralized dispatcher
23certificate of public convenience as provided in section
245711(c)(6).

25(10) A fee of $12,000 for a new limousine certificate of
26public convenience for one class of limousine service and
27$3,000 for each additional classification of limousine
28service as provided in sections 5741(a) (relating to
29certificate of public convenience required) and 5741.1. The
30fee applies to a new applicant for limousine service rights

1in a city of the first class.

2(11) A fee of $6,000 for an additional limousine
3certificate of public convenience for one class of limousine 
4service as provided in section 5741(a). The fee applies to an
5application by a current owner of a limousine service in a
6city of the first class.

7(12) A fee of $2,500 to file a protest as provided in 52
8Pa. Code § 1003.54 (relating to protests).

9(13) A fee of $25 to replace a driver's certificate
10issued under section 5706 (relating to driver certification
11program).

12(14) A fee of $130 for a new driver application
13submitted under 52 Pa. Code § 1021.5 (relating to standards
14for obtaining a taxicab driver's certificate).

15(15) A fee of $100 for a new driver application
16submitted under 52 Pa. Code § 1057.5 (relating to standards
17for obtaining a limousine driver's certificate).

18(16) A fee of $500 to process and review a change to a
19centralized dispatcher's approved colors and markings as
20provided in 52 Pa. Code § 1019.7 (relating to name, colors
21and markings review).

22(17) A fee of $1,200 for brokers registered as provided
23in 52 Pa. Code §§ 1029.5 (relating to broker registration) 
24and 1061.1 (relating to broker registration) for initial
25application and annual renewal.

26(18) A fee of $20 to process a vehicle registration
27change.

28(19) A fee of $80 to review and process a driver
29certificate renewal application as provided in section
305706(a) and 52 Pa. Code §§ 1011.4(f) (relating to annual
 

1assessments and renewal fees) and 1051.4(c) (relating to 
2annual assessments and renewal fees).

3(20) A fee of $200 to file a petition seeking action by
4the authority as provided in 52 Pa. Code § 1005.21 (relating
5to petitions generally).

6(21) A fee of $75 for administrative hearing costs upon
7determination of liability for an enforcement action as
8provided in section 5705(a) (relating to contested
9complaints).

10(22) A fee of $200 to process the return of a medallion
11after levy by the sheriff as provided in section 5713
12(relating to property and licensing rights).

13Section 6. Sections 5711(c)(2.1) and 5718(a) of Title 53 are
14amended to read:

15§ 5711. Power of authority to issue certificates of public
16convenience.

17* * *

18(c) Procedure.--

19* * *

20(2.1) [There may be] The authority may issue no more
21than six certificates of public convenience for non-citywide
22call or demand service in any city of the first class,
23subject to the exclusive jurisdiction of the authority.

24* * *

25§ 5718. Restrictions.

26(a) Place of transaction.--A medallion may not be sold or
27transferred to another party unless the closing of the sales
28transaction occurs at authority offices in the presence of a
29designated authority staff member. The authority staff member
30shall witness the execution of each contract of sale to evidence

1staff presence at the execution. All contracts for the sale of
2medallions which are not executed at authority offices and
3witnessed by an authority staff member are void by operation of
4law. All sales contracts shall conform to such rules and
5regulations as the authority may prescribe. Prior to each
6closing, the buyer of the medallion shall pay a fee [in an
7amount to be determined] pursuant to the requirements of section
8[5707 (relating to budget and fees)] 5710 (relating to fees).

9* * *

10Section 7. This act shall take effect immediately.